Please read this document carefully as it governs your commercial relationship with us and provides binding terms which regulate your use of our website.
1. APPLICATION OF TERMS
(a) These terms apply to any person or entity (‘you/your’) accessing (‘our/the website’).
(b) This website is owned and operated by Silent Song Auction ABN 43 273 189 274 (‘we/our/us’).
(c) These terms may be amended by us from time-to-time.
(e) If accepting these terms on behalf of a company, you warrant that you have the authority to bind such entity and create legal relations.
(f) We may amend these terms and conditions from time to time and the last version of these terms will be uploaded to this website.
(g) These terms are governed by the laws of Australia.
(h) If you do not wish to be bound by these terms, you must not and cannot use, browse or access the website or any part of it.
(i) You and us are independent contracting entities and these terms do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
2. COLLECTION AND USE OF PERSONAL INFORMATION
(b) You are solely responsible to keeping you account information current and up to date.
(c) When you register your account, you will be responsible for keeping your username and password secure and are responsible for all use and activity carried out under this username.
(d) You must not provide account information to any person or organisation. You agree and acknowledge that you are solely responsible for the confidentiality your account information and by accepting these terms, you hereby irrevocably indemnify us against any claims, losses, damages, costs and expenses arising out of, either directly or indirectly, your failure to keep confidential your account information.
(e) You must immediately notify us if you become aware of any unauthorised use of your account.
i. how we store and use, and how you may access and correct your personal information;
ii. how you can lodge a complaint regarding the handling of your personal information; and
iii. how we will handle any complaint.
iv. If you would like any further information about our Privacy Policies or practices, please contact us.
(i) By registering an account, you hereby subscribe to our mailing list and consent to receiving marketing correspondences from us to your registered email address from time-to-time. You may unsubscribe to our mail list by emailing us at firstname.lastname@example.org and requesting to be removed.
3. USE OF WEBSITE
(a) We do not warrant that the website is or will be available at all times.
(b) Maintenance may be conducted on the website from time-to-time limiting use and access.
(c) You may only make use of the website as permitted by these terms, and you must not, without limiting this term:
i. Use, browse or access the website in any way so to breach any law, regulation statute or legal right of any person or entity;
ii. Use, browse or access the website in breach of these terms;
iii. Use, browse or access the website to violate or attempt to violate any legal rights of any person or entity;
iv. Use, browse or access the website in order to introduce or attempt to introduce malicious programs and or software of any kind into our network or servers or the network or servers of our users and or partners;
v. Use, browse or access the website to make fraudulent offers of goods or ‘dummy bids’;
vi. Intercept or attempt to intercept data not intended for you;
vii. Send unsolicited emails or other correspondences whether intended to harass or otherwise to our users or partners in breach of the Australian Spam Act 2003; or
viii. Breach or attempt to breach any person’s privacy.
(d) You may not do or authorise the commission of any act that would or might be a breach or infringe upon our Intellectual Property rights in respect of this website, without limitation you must not, nor may you permit, engage, or council any person to:
i. copy, adapt, alter, modify, republish or reproduce or reverse engineer the Website and/or its contents except as permitted by the Australian Copyright Act 1968 (Cth);
ii. use the website in such a way so to infringe our rights or the rights of any third party;
iii. use the website or its contents to create or produce a service that will compete with this website; or
iv. attempt to or take steps to breach, circumvent or hack any technological or IT protection or security measures utlised by this website.
4. PRODUCTS AND SERVICES
(a) We offer for sale by auction all the products and or services listed on our website from time-to-time.
(b) The products and or services listed on our website from time-to-time are of strictly limited availability and we do not warrant or guarantee that the products and or services listed on our website from time-to-time will remain listed.
(c) All products and or services listed on our website from time-to-time are listed at the sole discretion of Silent Song Auction ABN 43 273 189 274.
(d) All auctions are limited to a bidding window of 72 hours, unless extended at the sole discretion of Silent Song Auction ABN 43 273 189 274.
(e) Silent Song Auction ABN 43 273 189 274 may at their sole discretion reschedule an auction or remove a product and or service from auction at any time prior to auction.
(f) Bids placed are confidential and not listed for public viewing.
(g) By engaging in an auction, you warrant and guarantee that you are capable of fulfilling any bid placed.
(h) The person and or entity who places the highest bid at the end of the bidding window will be notified by Silent Song Auction ABN 43 273 189 274 and invoiced for the purchase within seven (7) days.
(i) All invoices must be satisfied within seven (7) days.
5. PAYMENT METHODS
We accept payment via the following payment methods:
(a) We accept the following payment methods in satisfaction of invoices:
ii. selected credit cards such as Mastercard, Visa and American Express.
(a) ONLINE DELIVERY:
i. Delivery will occur immediately following receipt of payment for online products and services via downloadable link.
ii. We will not be responsible for delivery delays caused by any network or other failure beyond our control including if your software is incompatible or your network protection system blocks delivery.
7. REFUNDS AND RETURNS
(a) Given the nature of downloadable products, we do not offer returns or refunds unless required under Australian consumer law. If your downloaded product is faulty or significantly different to that described on our website, please contact our customer service team. We do not accept returns or provide refunds for change of mind.
(b) Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
8. INTELLECTUAL PROPERTY
(a) Our website and its content including our products and services, may represent or contain Intellectual Property owned by us, including trademarks, copyrights and proprietary information.
(b) You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.
(c) You agree and acknowledge that these terms do not transfer or assign any Intellectual Property Rights to you, and we own all Intellectual Property Rights in the website.
(d) You agree that any comments or feedback that you may provide to us from time-to-time and any Intellectual Property Rights that may exist with respect to those comments or feedback in connection with the website or requests for new features becomes our sole and exclusive property immediately upon your uploading or posting the same.
(e) You must not take any step to invalidate or prejudice our or our Licensors’ Intellectual Property Rights in the website or otherwise.
(a) To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.
(b) We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.
(c) The website and our services are educational and informational resources only and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.
(d) It is imperative that all products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, Silent Song AuctionSilent Song Auction ABN 43 273 189 274 does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of our products.
(e) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
(f) Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on third party linked websites and have no control over or rights in third party linked websites.
10. ACCEPTABLE USE POLICY
(a) You must not use our website in any way that we deem to be inappropriate, in breach of these terms or unlawful, including but not limited to:
i. any breach of privacy or any infringement upon the legal rights of any other person;
iii. uploading any virus, malware or other malicious software;
iv. posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable.
11. SUSPENSION AND TERMINATION
(a) Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.
(a) These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.
(b) All notices issued to you from us or vice-versa must be in writing and sent by registered post to each other party’s registered business address, or sent to each other party’s email address. Where sent from us to you, we shall use any contact information provided to us by you.
i. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
ii. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
(c) We may send you email or other electronic messages concerning the website from time to time.
(d) For us to waive a right under these terms, the waiver must be in writing.
i. A waiver or part waiver of a breach of these terms does not amount to a further wavier or part waiver of a further breach of these terms.
ii. Failure or delay or part exercise to enforce these terms does not constitute a waiver.
(e) If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.
(f) These term and any information linked to from these terms constitute the entire agreement between you and us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between you and us regarding its subject matter.
13. DEFINITIONS AND INTERPRETATIONS
(a) Definitions – In these terms:
i. Account, means the account on the website you register.
ii. Business Day, means Monday, Tuesday, Wednesday, Thursday and Friday excluding public holidays in Queensland.
iii. Business Hours, means 9:00am – 5:00pm local time to Brisbane in the State of Queensland on Business Days.
iv. Intellectual Property Rights, means any and all copyright, patent rights, design rights, know how, trade practices, trade secrets and trademark rights, whether registered or otherwise.
vi. Terms, means the terms set out on this webpage as amended from time to time.
vii. We, Our and Us, means Silent Song Auction ABN 43 273 189 274.
viii. Website, means our website, the homepage URL of which is silentsongauction.com and includes any images, content, text and other information and images of that website.
ix. You and Your, means the person accessing the website.
(b) Interpretation – In these terms:
i.Headings are for convenience only and do not affect the construction of these terms.
ii.A provision of these terms will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
iii.Currency refers to Australian dollars unless specified otherwise.
iv. A reference to a statute or regulation includes amendments thereto.
v. A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these terms.
vi. A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
vii. A reference to time is to time in Queensland, Australia.
viii. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
ix. The words “includes”, “including” and similar expressions are not words of limitation.